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HomeMy WebLinkAboutShellfish Amend 1989LOCAL LAW NO. 1989 A Local Law in Relation to Shellfish BE IT ENACTED. by the Town Board of the Town of Southold as follows: Chapter 77 [Shellfish) of the Code of the Town of Southold is hereby amended as follows: 1. Section 77-201 is hereby amended to read as follows: SHELLFISH - Clams, scallops, oysters, blue claw crabs, mussels, periwinkles and conchs. A clam shall be a little neck clam when it is a least 1" in thickness and not larger than 1 9/16" in thickness. Section 77-209 is hereby amended by adding thereto a new sub-section C to read as follows: C. Little neck clams shall be kept separate and apart from other clams when taken for commercial purposes. II. This Local Law shall take effect upon its filing with the Secretary of the State. PUBLIC HEARING SOUTHOLD TOWN BOARD November 28, 1989 3:32 P,M. IN THE MATTER OF A PROPOSED "LOCAL LAW IN 'RELATION' TO =SHELLFISH.'" Present: Supervisor Francis J. Murphy Justice Raymond W. Edwards Councilwoman Jean W. Cochran Councilman George L. Penny IV Councilwoman Ruth D. OliYa Councilwoman Ellen M. Larsen Town Clerk Judith T. Terry Town Attorney James A. Schondebare SUPERVISOR MURPHY: I'll open the second which is concerning a "Local Law in R~lation Penny. meeting, which is scheduled for today, to Sh~'ll.fiSh", read by Councilman COUNCILMAN PENNY: "Public Notice is hereby given that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 14th day of November, 1989, a Local Law entitled, "A Local Law in Relation to Shellfish". Notice is further given that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, Main Road, Southold, New York, on the 28th day of November, 1989, at 3:32 o'clock P.M., at which time all interested persons will be heard. This proposed "Local Law in Relation to Shellfish" reads as follows: BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 77 (Shellfish) of the Code of the Town of Southold is hereby amended as follows: 1. Section 77-201 is hereby amended to read as follows: SHELLFISH - Clams, scallops, oysters, blue claw crabs, mussels, periwinkles and conchs. A clam shall be a little neck clam when it'is at least 1" in thickness and not larger than 1-9/16" in thickness. 2. Section 77-209 is hereby amended by adding thereto a new Subsection C to read as follows: C. L'ittle Neck clams shall be kept separate and apart from other clams when taken for commercial purposes. II. This Local Law shall take effect upon its filing with the Secretary of State. Copies of said Local Law are available in the Office of the Town Clerk to any interested persons during business hours. Dated: November 14, 1989. Judith T. Terry, Southold Town Clerk." I have an affidavit of publication from the Traveler- Watchman, an affidavit of publication from the Suffolk Times, an affidavit of posting by the Town Clerk, that this has been posted on the Town Bulletin Board for the appropriate time. There are no further communications. SUPERVISOR MURPHY: Thank you, George. Is there anyone, who would like to comment on this proposed Local Law, either for or against? Scott? Pg 2 - PH, LL in relatio~.~t.o Shellfish. SCOTT HARRIS: I'd like to see this held up, if possible, for one reason. The definition of shellfish is not concert with the DEC, the New York State regulations of shellfish, and I would like to see that these two are parallel, before this amend- ment is made. If you're going to change part~bf t'he shellfish ordinance; you might, just as well change it all. The definition of conch, and periwinkle is a pre- dator. It's not considered a shellfish, and I think that pa~t.'should be looked into, al'so, blue crabs. TOWN ATTORNEY SCHONDEBARE: Is the shellfish season now? Scott, when's the season? Isn't it now? SCOTT HARRIS: The shellfish season is all year round. TOWN ATTORNEY SCHONDEBARE: I remember when the Bay Constable, when they asked for this change, this change came from the Trustees, and when they asked them to do, I could have sworn that while 1 was talking to them, he wanted it in as soon as possible, before the season, because if it wasn't in, he would not be able to enforce it. He was more concerned about the size of little necks, because we lost the case on it, here in Justice Court. SCOTT HARRIS: I don't think two weeks is going to make that much difference. TOWN ATTORNEY SCHONDEBARE: ;~re you going to see them in two weeks? SUPERVISOR MURPHY: You have to do the whole thing, again. All over, again. SCOTT HARRIS: It's just that I think a technical point can be made, that shellfish, conchs, you don't need a license or a permit for conchs or periwinkles. It's a technical point. I realize that you're just making changes to the ordianance, but it really doesn't make sense to have it different that what the DEC's regulations are. TOWN ATTORNEY SCHONDEBARE: I can see amending it at a later date. The only thing that he wanted was the definition for little necks, which is the only thing I added, because they didn't have one. I just presented that. That's what they told me. SCOTT HARRIS: It was just a comment. SUPERVISOR MURPHY: Thank you. Mr. Pell? WILLIAM PELL: What is the reason to keep the little necks separate, when you catch them? A commercial man goes out to catch them. Why must he keep them separate right away? Why can't he...? You mean when he picks them up off his rack, he's got to put the little necks over here, and the big ones over here? Then he picks his clam rake up to go again. COUNCILWOMAN LARSEN: They're going to rack them right away. They have to be racked immediately. WILLIAM PELL: You mean, before he comes back? He can't rack at the end of the day, or before he hits the beach? Why? COUNCILWOMAN LARSEN: No, because if the Bay Constable wants to cite some- one for overharvesting, which is impossible right now. But during the relays overharvestin can occur, and when they open up the creeks, for instance Mill Pg 3 - PH, LL in relation to Shellfish Creek is opened conditionally in January, and there's been problems with some fisherman, who have gone in there and exceeded the limit of two bussels a day. That's the limit, two bussels a day. Some fishermen are obeying the laws, and others are going over the limit, thereby making $500.00, while someone else is making $'2:00. It's not enforceable, and it's not fair to the people. It's the only town in Long Island, that limits it. WILLIAM PELL: I do not qualm with establishing size of the limit. What I do qualm with is making a bayman, who is out there in the weather, such as today, co[d, damp, bring up a rake, put on the cull board, cull them. Them pick the rack back up, and it's going to slow his work down. If he has to do that, he will lose how many hours? If he's out there for five, he'll only be able to clam for three, perhaps. It's a great imposition on the man, who's out there to make a living.by making him do it. I say, amend it, and do what you want for the size, but to keep them separate, I think you're wrong. SUPERVISOR MURPHY: Anyone else. like to address the Town Board on the p~-oposed Local Law? Yes? 'iMR. ~AZECK~Ii · I don't think that's right. That's no good, because you have : t'l~e' ~-l~mi~- ::F-he DEC has enough laws already. You make this law, you're going to make more laws. COUNCILWOMAN COCHRAN: Why would you have to separate them? I mean if you're in violation, and he looks in the basket. TOWN ATTORNEY SCHONDEBARE: They're all together, you can't tell. MR. ?-AzEcKI:. You not supposed to have...if you have an inch, that's the law. We all know this. TOWN ATTORNEY SCHONDEBARE: There all mixed in a big thing, and then you don't know how many little necks you got. They 're'aH in a big: b~g, He 'can't figure it out. That's why they want them separated. MR. ZAZECKI: I don't believe in that law. SUPERVISOR MURPHY: Scott? SCOTT HARRIS: One more comment, while you're on the sizing. I think this is, also, going to put an imposition on baymen, because now all the racks have to be changed. They'll have to have all brand new racks. Now to go out, they'll be 1 9/16 to be culled. I just think that we're creating more hardship on the baymen, then they already have. COUNCILWOMAN LARSEN: And if you cull them, at one inch, and you're culling them on cull side and separating, then every clam you have separated that is a 9/16, is actually an illega~ clam, if it's not with the other ones. See what I'm saying, if you cull and separate. SCOTT HARRIS: The cull boards, that they have now, are made for a one inch clam,. They fall through. They are seed, and they throw them back. To go to another size up, it means they have to come out with new cull boards, which is another expense to them. On the top of that, I wonder if the Town is establish- ing size now for the whole shellfish production, as far as commercial, as far as Mr. Pell has, and Mr. Braun, and so on. Now yoU're establishincj that a little neck is 1 and 9/16, I wonder if the industry has I~een consLrlted as is this th~. Pg 4 - PH, LL in relatiop~,,to Shellfish size for a little neck? What's a top neck? I just think you're opening a lot of.. pos~ibl~'a Pandora's box on the size. COUNCILWOMAN LARSEN: That is a legal little neck size, I mean, a saleable 9/16. COUNCILWOMAN COCHRAN: Why don't we send it back to the Code Committee for more clarification and get the baymen involved. WILLIAM PELL: You're going to create a size clam, that only Southold Town will have. When we go on the open market outside of Southold Town, out neck is going to be one size, and the other guys might be a quarter of a inch, an eighth of inch bigger, getting the same amount of money that we are, but yet we can not that in, in town, but once we go accross town lines, then we go up there and recull them again. People, rethink it. COUNCILWOMAN COCHRAN: Since this Came from' [he Trustees, and hasn,t been through the Code Committee, why don't we send it back, or send it for the first time to the Code Committee? TOWN ATTORNEY SCHONDEBARE: Now, this is the Trustees. This is their land, their bottom. This is the Trustees, elected officials, who made this recommendation, ahd not a member of Code.· COUNCILWOMAN COCHRAN: Let's send it back to the Trustees for some more consideration. TOWN ATTORNEY SCHONDEBARE: Back to where it goes. SUPERVISOR MURPHY: Give them a copy of the comments, that were made. Anyone else like to comment on the proposed Local Law? (No response.) Any Town Board members? (No response.) Hearing none, I'll close the public hearing. Southold Town Clerk ~'~v:, q%:~2L EG~S~L ! NOHC E : "' ,: Nor[ICE OF ~ ::i ~i PUBLICHE~RING Ob] ~': ~ ~CAL ~.' ~ C-'P~BLIC N~ICE tS ~- ~ BY ~I~N t~t ~ere has been ~e T6wa of Sou~fl;-Suffolk ~ ,County, Ne~ ~ork. on the [4th ~'~d~ or'~O, ember. ~9S9, a ?; ~[he To~a or Sou[h~d ~ifi ~ld ~ {~ pubEc h~nne oa ~e a~ore~d ~1. 'M~ Ro3d;~Sou[hola, ~. ~h~em~r."ig~. m 3:}2 o'Clock '~ T~ propo~d "Eo~,Ea~ m ~¢iadon [o ~E~sb' ~ads'~ ~olto~: ~ BE 'IT ENACTED by rowe' Board' or: [be To~s S~ho~ as roBo~ ' [. Chapter ~ (Shdlt~h)of ~he Code o~ [he To, n-or ~;.fo o~s: - ; " foUo~s: ~.~ SH~L~[SH--C[fims, ~.~c~[~s. oyst~s, b[~e ~uc~s. A c[~ shah b~ ~ th~c~ ~ud~ot [~ger than [-9 16" m [~ckness. ' ' ~. S~ou ~-2~ [~.h~by im<ud~ by add~ th~to ~ew fiub-se~on C to r~ as ~o~o~ C L~t[e Ne~ ~ ; ~be k~t sep~e ~ ap~ ~o~r'c~s when mkefi,~or ~commerci~ ~u~os~g - Co~ of~fl Loe~ Law ~ the ~'fice of the No~ember 14, 1989. JUDAH T. TO~- CL~ COUNTY OF SUFFOLK SS: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ...................... /. .... weeks successively, commencing on the ...................... day :U.. C? Sworn to before me this ........... .~...~. ...... day of Notary Public B^RBr~RA A. S~HN~_R~' ~" - NOTARY PUBLIC, State of New Yer,~ N0. 480~846 q~,.',ified in Suffolk C0u~ty / PUBLIC HF-~.R ING O~ LO~A.L LAW PUBLIC NOTICE rS HERESY to ~e To~ ~ of ~e To~ o~ :~u~old. S~fo~ Co~y. ~ ~old ~ld a p~Uc ~'.~-.~' . . . ~:~,,~,~ ~/1~ ~ ~s~. ?-- ~:'.c~ ~ STATE OF NEW YOR~ }ss: COUNTY OF SUFFOLK) Pai-.ri c'ia H~'anoy 'of Maililuck, in said County, being duly sworn, says that he/she is Principal Clerk o! THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice oi= which the annexed is a printed copy, has been regularly published in said Newspaper once each week i:or 1 weeks successively, commencing on the 23rd day of November 1989 day of / ~/ 1~ Sufl~oik C~cmy ~o. ~,~ .